Order on application filed by Opposite Party no. 1
Per : Hon. Shri. Sameer S. Kamble, Member
1. Opposite Party no. 1 filed this application for dismissal of Complaint under Section 13(2) (c) of Consumer Protection Act 1986. Opposite Party no. 1 submitted that Complaint is filed under Consumer Protection Act 1986.
2. On 11/08/2022 Commission directed all parties to file their evidence, accordingly Opposite Party no. 1 filed their evidence on record. When Complainant however despite giving him several opportunities has not filed his affidavit of evidence nor disclosed any reason for his inability to do so. As per provisions of Law, Complaint cannot be adjudicated in absence of evidence of Complainant.
3. Opposite Party no. 1 relied on order passed by Hon. State Commission in CC/16/125 Dr. Rahul Patil V/s. Mahindra & Mahindra Ltd. If evidence of Complainant is not filed on record then, such Complaint cannot be decided on merits as more pleadings of Complainant are not sufficient to establish case of Complainant. Complainant in present matter failed to take steps to follow the direction of this Commission.
4. Opposite Party no. 1 filed this application on 06/07/2023, however Complainant failed to appear as well as to file his reply on application and his affidavit of evidence, despite giving sufficient opportunities, the Complainant failed to file his evidence.
Finding :- In spite of giving sufficient opportunity to file evidence affidavit the Complainant failed to file his evidence . Hence, it seems that Complainant is not inclined to file his evidence affidavit, hence No Evidence Order is passed against the Complainant.
1. Since the Complainant failed to file his evidence affidavit to prove his case. Therefore, Complaint cannot be decided on merits, as mere pleadings of Complainant are not sufficient to establish the case of the Complainant. Hence following order :-
ORDER
Complaint no. 330/2019 is dismissed.
